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Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. III.
Quod statim liquidari potest pro jam liquido habetur.
Campbell v. Lo Kinclaiven.
Date: 6 December 1626 Case No. No 21.
Found as above.
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In a suspension betwixt Campbell and Lo. Kinclaiven; the Lords would not admit a reason of compensation upon a debt of victual, owing to the suspender by him who was charger, to pay a liquid sum contained in the sentence obtained against the suspender, albeit the debt of the victual was instantly verified by writ, and the non-liquidation of the victual was alleged to be no impediment to the compensation, being referred to the oath of the charger; which the Lords would not admit, because the debt of the victual was verified by a contract only, whereupon no execution was used; and if the party had been charged to pay the same, he had reasons wherefore he could not be debtor for the same.